Notice of Termination - AUNSWREPM007

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BLACK = Old Item/Clause  | RED = New Item/Clause | BLUE = Comments About Change (Not Part of Form) | STRIKEOUT = Wording Deleted

 

12 Nov 2021 v3.1

Additions / Changes:


REASON FOR TERMINATION

Non-payment of rent and/or charges (Breach of Agreement - Section 87 of the Act)

Rent or Charges must be unpaid for not less than 14 days before this non-payment termination notice is served. If the Tenant pays all the Rent or Charges owing or enters into, and fully complies with, a repayment plan agreed with the Landlord then the Tenant is not required to vacate the Premises unless the Tribunal makes a termination order on the basis that the Tenant has frequently failed to pay rent on time.

 

IMPORTANT (COVID-19 Impacted Tenant – Moratorium Transitional Period)

During the Moratorium Transitional Period, where the Tenant was is an Impacted Tenant during the Moratorium Period and the Tenant who has complied with Section 41C(1) and where applicable 41CA of the Residential Tenancies Regulation 2019, Part 6A of the Residential Tenancies Regulation 2019 prohibits termination under Section 87 of the Act, on the basis of arrears accrued during the Moratorium Period ground specified in Section 88 of the Act.

Moratorium Period: has the meaning given in Part 6A of the Residential Tenancies Regulation 2019.

Moratorium Transitional Period: has the meaning given in Part 6A of the Residential Tenancies Regulation 2019.

Impacted Tenant: has the meaning given in Part 6A of the Residential Tenancies Regulation 2019.

 

Termination Date: Not earlier than 14 days after the day which notice is served.

Notes:

The term ‘Charges’ above means water usage charges and/or utility charges.

The Tribunal may, on application by a Landlord, make a termination order if it is satisfied that the Tenant has frequently failed to pay rent or Charges owing for the Premises on or before the day set out in the Tenancy Agreement. (Section 89(5) of the Act)

 

27 Sep 2021 v3.0

Additions / Changes:


REASON FOR TERMINATION

End of Periodic Agreement – No Grounds - Section 85 of the Act

IMPORTANT (COVID-19 Impacted Tenant): Where an impacted tenant has accrued arrears during the previous moratorium period (being 15 April 2020 to 26 March 2021), the Landlord must not give a termination notice under section 85 of the Act without ensuring compliance with Schedule 2 Part 9 of the Act.

Termination Date: Not earlier than 90 days after the day on which notice is served.*

* Not earlier than 28 days after the day on which the notice is served in the case of an employee or caretaker residential tenancy agreement (section 85(2A)(b))


REASON FOR TERMINATION

Non-payment of rent and/or charges (Breach of Agreement - Section 87 of the Act)

Rent or Charges must be unpaid for not less than 14 days before this non-payment termination notice is served. If the Tenant pays all the Rent or Charges owing or enters into, and fully complies with, a repayment plan agreed with the Landlord then the Tenant is not required to vacate the Premises unless the Tribunal makes a termination order on the basis that the Tenant has frequently failed to pay rent on time.

 

IMPORTANT (COVID-19 Impacted Tenant)

(1)

During the Moratorium Period, where the Tenant is an Impacted Tenant who has complied with Section 41C(1) of the Residential Tenancies Regulation 2019, Part 6A of the Residential Tenancies Regulation 2019 prohibits termination under Section 87 of the Act, on the ground specified in Section 88 of the Act.

Moratorium Period: has the meaning given in Part 6A of the Residential Tenancies Regulation 2019.

Impacted Tenant: has the meaning given in Part 6A of the Residential Tenancies Regulation 2019.

(2)

Where this notice is in relation to arrears accrued during the previous moratorium period (being 15 April 2020 to 26 March 2021) by an impacted tenant, the Landlord must not give a termination notice without ensuring compliance with Schedule 2 Part 9 of the Act.

 

Termination Date: Not earlier than 14 days after the day which notice is served.

Notes:

The term ‘Charges’ above means water usage charges and/or utility charges.

The Tribunal may, on application by a Landlord, make a termination order if it is satisfied that the Tenant has frequently failed to pay rent or Charges owing for the Premises on or before the day set out in the Tenancy Agreement. (Section 89(5) of the Act)

 

10 Sep 2021 v2.9

Additions / Changes:


REASON FOR TERMINATION

Non-payment of rent and/or charges (Breach of Agreement - Section 87 of the Act)

Rent or Charges must be unpaid for not less than 14 days before this non-payment termination notice is served. If the Tenant pays all the Rent or Charges owing or enters into, and fully complies with, a repayment plan agreed with the Landlord then the Tenant is not required to vacate the Premises unless the Tribunal makes a termination order on the basis that the Tenant has frequently failed to pay rent on time.

 

IMPORTANT (COVID-19 Impacted Tenant):

(1)

During the Moratorium Period, where the Tenant is an Impacted Tenant who has complied with Section 41C(1) of the Residential Tenancies Regulation 2019, Part 6A of the Residential Tenancies Regulation 2019 prohibits termination under Section 87 of the Act, on the ground specified in Section 88 of the Act.

Moratorium Period: has the meaning given in Part 6A of the Residential Tenancies Regulation 2019 means the period from 14 July 2021 to 11 September 2021.
Impacted Tenant: has the meaning given in Part 6A of the Residential Tenancies Regulation 2019.

(2)

Where this notice is in relation to arrears accrued during the previous moratorium period (being 15 April 2020 to 26 March 2021) by an impacted tenant, the Landlord must not give a termination notice without ensuring compliance with Schedule 2 Part 9 of the Act.

 

Termination Date: Not earlier than 14 days after the day which notice is served.

Notes:

The term ‘Charges’ above means water usage charges and/or utility charges.

The Tribunal may, on application by a Landlord, make a termination order if it is satisfied that the Tenant has frequently failed to pay rent or Charges owing for the Premises on or before the day set out in the Tenancy Agreement. (Section 89(5) of the Act)

 

30 Jul 2021 v2.8

Additions / Changes:


REASON FOR TERMINATION

End of Periodic Agreement – No Grounds - Section 85 of the Act

IMPORTANT (COVID-19 Impacted Tenant): Where an impacted tenant has accrued arrears during the previous moratorium period (being 15 April 2020 to 26 March 2021), the Landlord must not give a termination notice under section 85 of the Act without ensuring compliance with Schedule 2 Part 9 of the Act.

Termination Date: Not earlier than 90 days after the day on which notice is served.*

* Not earlier than 28 days after the day on which the notice is served in the case of an employee or caretaker residential tenancy agreement (section 85(2A)(b))


REASON FOR TERMINATION

Non-payment of rent and/or charges (Breach of Agreement - Section 87 of the Act)

Rent or Charges must be unpaid for not less than 14 days before this non-payment termination notice is served. If the Tenant pays all the Rent or Charges owing or enters into, and fully complies with, a repayment plan agreed with the Landlord then the Tenant is not required to vacate the Premises unless the Tribunal makes a termination order on the basis that the Tenant has frequently failed to pay rent on time.

 

IMPORTANT (COVID-19 Impacted Tenant):

1.

During the Moratorium Period, where the Tenant is an Impacted Tenant who has complied with Section 41C(1) of the Residential Tenancies Regulation 2019, Part 6A of the Residential Tenancies Regulation 2019 prohibits termination under Section 87 of the Act, on the ground specified in Section 88 of the Act.

Moratorium Period: means the period from 14 July 2021 to 11 September 2021.
Impacted Tenant: has the meaning given in Part 6A of the Residential Tenancies Regulation 2019.

2.

Where this notice is in relation to arrears accrued during the previous moratorium period (being 15 April 2020 to 26 March 2021) by an impacted tenant, the Landlord must not give a termination notice without ensuring compliance with Schedule 2 Part 9 of the Act.

 

Termination Date: Not earlier than 14 days after the day which notice is served.

Notes:

The term ‘Charges’ above means water usage charges and/or utility charges.

The Tribunal may, on application by a Landlord, make a termination order if it is satisfied that the Tenant has frequently failed to pay rent or Charges owing for the Premises on or before the day set out in the Tenancy Agreement. (Section 89(5) of the Act)

 

26 Mar 2021 v2.7

Additions / Changes:


Heading

NOTICE OF TERMINATION

Residential Tenancies Act 2010 (The Act) – Sections 84 – 89 Residential Tenancies Regulation 2019 – Part 6A Response to COVID-19 pandemic


REASON FOR TERMINATION

End Fixed Term – Section 84 of the Act

Termination Date: Not earlier than 30 90 days after the day on which notice is served or on or after the day the term of the Tenancy Agreement ends, whichever is the later.


REASON FOR TERMINATION

End of Periodic Agreement – No Grounds - Section 85 of the Act

IMPORTANT (COVID-19 Impacted Tenant): Where an impacted tenant has accrued arrears during the moratorium period, the Landlord must not give a termination notice under section 85 of the Act without ensuring compliance with Schedule 2 Part 9 of the Act.

Termination Date: Not earlier than 90 days after the day on which notice is served.*

* Not earlier than 28 days after the day on which the notice is served in the case of an employee or caretaker residential tenancy agreement (section 85(2A)(b))


REASON FOR TERMINATION

Non-payment of rent and/or charges (Breach of Agreement - Section 87 of the Act - on Grounds as Setout in Section 88)

Rent or Charges must be are unpaid for not less than 14 days before prior to this non-payment termination notice is being served and the Tenant is thus in breach of the Tenancy Agreement. If the Tenant pays all the Rent or Charges owing or enters into, and fully complies with, a repayment plan agreed with the Landlord then the Tenant is not required to vacate the Premises unless the Tribunal makes a termination order on the basis that the Tenant has frequently failed to pay rent on time.

 

IMPORTANT (COVID-19 Impacted Tenant): Where this notice is in relation to arrears accrued during the moratorium period by an impacted tenant, the Landlord must not give a termination notice without ensuring compliance with Schedule 2 Part 9 of the Act.

IMPORTANT (COVID-19 Impacted Tenant): Where this notice is to a COVID-19 Impacted Tenant:

1.

The Landlord MUST have participated in a formal rent negotiation process with the Impacted Tenant; and

2.

It is fair and reasonable in the circumstances for the Landlord to give this notice.

Termination Date: Not earlier than 14 days after the day which notice is served.

Notes:

The term ‘Charges’ above means water usage charges and/or utility charges.

The Tribunal may, on application by a Landlord, make a termination order if it is satisfied that the Tenant has frequently failed to pay rent or Charges owing for the Premises on or before the day set out in the Tenancy Agreement. (Section 89(5) of the Act)


REASON FOR TERMINATION

Agreement Frustrated – Section 109 of the Act (no minimum notice period)

The Tenancy Aagreement has become frustrated in the following manner:

 

 

24 Nov 2020 v2.6

Additions / Changes:


REASON FOR TERMINATION

Non-payment of rent and/or charges (Breach of Agreement - Section 87 of the Act - on Grounds as Setout in Section 88)

Rent or Charges are unpaid for not less than 14 days prior to this notice being served and the Tenant is thus in breach of the Tenancy Agreement. If the Tenant pays all the Rent or Charges owing or enters into, and fully complies with, a repayment plan agreed with the Landlord then the Tenant is not required to vacate the Premises unless the Tribunal makes a termination order on the basis that the Tenant has frequently failed to pay rent on time.

IMPORTANT (COVID-19 Impacted Tenant): Where this notice is to a COVID-19 Impacted Tenant:

1.

The Landlord MUST have participated in a formal rent negotiation process with the Impacted Tenant; and

2.

It is fair and reasonable in the circumstances for the Landlord to give this notice.

Termination Date: Not earlier than 14 days after the day which notice is served.

Notes:

The term ‘Charges’ above means water usage charges and/or utility charges.

The Tribunal may, on application by a Landlord, make a termination order if it is satisfied that the Tenant has frequently failed to pay rent or Charges owing for the Premises on or before the day set out in the Tenancy Agreement. (Section 89(5) of the Act)

 

22 Jun 2020 v2.5

Additions / Changes:


REASON FOR TERMINATION

Non-payment of rent and/or charges (Breach of Agreement - Section 87 of the Act - on Grounds as Setout in Section 88)

Rent or Charges are unpaid for not less than 14 days prior to this notice being served and the Tenant is thus in breach of the Tenancy Agreement. If the Tenant pays all the Rent or Charges owing or enters into, and fully complies with, a repayment plan agreed with the Landlord then the Tenant is not required to vacate the Premises unless the Tribunal makes a termination order on the basis that the Tenant has frequently failed to pay rent on time*.

IMPORTANT (COVID-19 Impacted Tenant): Where this notice is to a COVID-19 Impacted Tenant:

1.

This notice MUST be given NO EARLIER than 60 days after the commencement of Part 6A of the Regulation (ie. No earlier than 14/06/2020); and

21.

The Landlord MUST have participated in a formal rent negotiation process with the Impacted Tenant; and

32.

It is fair and reasonable in the circumstances for the Landlord to give this notice.

(Refer Part 6A, Regulation 41C(2))

Non-Impacted Tenant: Where the Tenant is not a COVID-19 Impacted Tenant, the 60 day COVID-19 moratorium on non-payment of rent and charges does NOT apply and this notice may be served where rent or charges are unpaid.

*Note: The Tribunal may, on application by a Landlord, make a termination order if it is satisfied that the Tenant has frequently failed to pay rent or Charges owing for the Premises on or before the day set out in the Tenancy Agreement. (Section 89(5) of the Act)

Termination Date: Not earlier than 14 days after the day which notice is served.

Notes:

The term ‘Charges’ above means water usage charges and/or utility charges.

The Tribunal may, on application by a Landlord, make a termination order if it is satisfied that the Tenant has frequently failed to pay rent or Charges owing for the Premises on or before the day set out in the Tenancy Agreement. (Section 89(5) of the Act)

 

22 Apr 2020 v2.4

Additions / Changes:


Title

NOTICE OF TERMINATION

Residential Tenancies Act 2010 (The Act) – Sections 84 – 89, Residential Tenancies Regulation 2019 – Part 6A Response to COVID-19 pandemic


REASON FOR TERMINATION

End Fixed Term – Section 84 of the Act

Termination Date: Not earlier than 930 days after the day on which notice is served or on or after the day the term of the Tenancy Agreement ends, whichever is the later.


REASON FOR TERMINATION

End of Periodic Agreement – No Grounds - Section 85 of the Act

Termination Date: Not earlier than 90 days after the day on which notice is served.*

* Not earlier than 28 days after the day on which the notice is served in the case of an employee or caretaker residential tenancy agreement (section 85(2A)(b))


REASON FOR TERMINATION

Breach of Agreement - Section 87 of the Act (Other than for non-payment of rent and/or charges)

The Tenant has breached the Tenancy Agreement in the following manner:

 

In accordance with Clause(s) ……………………………………………… of the Tenancy Agreement.

Termination Date: Not earlier than 9014 days after the day which notice is served.


REASON FOR TERMINATION

Non Payment of Rent or Charges – Section 88 of the Act

Non-payment of rent and/or charges (Breach of Agreement - Section 87 of the Act - on Grounds as Setout in Section 88)

Rent or Charges are unpaid for not less than 14 days prior to this notice being served, and the Tenant is thus in breach of the Tenancy Agreement. If the Tenant pays all the Rent or Charges owing or enters into, and fully complies with, a repayment plan agreed with the Landlord then the Tenant is not required to vacate the Premises unless the Tribunal makes a termination order on the basis that the Tenant has frequently failed to pay rent on time*.

IMPORTANT (COVID-19 Impacted Tenant): Where this notice is to a COVID-19 Impacted Tenant:

1.

This notice MUST be given NO EARLIER than 60 days after the commencement of Part 6A of the Regulation (ie. No earlier than 14/06/2020); and

2.

The Landlord MUST have participated in a formal rent negotiation process with the Impacted Tenant; and

3.

It is fair and reasonable in the circumstances for the Landlord to give this notice.

(Refer Part 6A, Regulation 41C(2))

Non-Impacted Tenant: Where the Tenant is not a COVID-19 Impacted Tenant, the 60 day COVID-19 moratorium on non-payment of rent and charges does NOT apply and this notice may be served where rent or charges are unpaid.

*Note: The Tribunal may, on application by a Landlord, make a termination order if it is satisfied that the Tenant has frequently failed to pay rent or Charges owing for the Premises on or before the day set out in the Tenancy Agreement. (Section 89(5) of the Act)

Termination Date: Not earlier than 14 days after the day which notice is served.

Note: The term ‘Charges’ above means water usage charges and/or utility charges.

 

23 Mar 2020 v2.3

Additions / Changes:


REASON FOR TERMINATION

End of Periodic Agreement – No Grounds - Section 85 of the Act

Termination Date: Not earlier than 90 days after the day on which notice is served.*

* Not earlier than 28 days after the day on which the notice is served in the case of an employee or caretaker residential tenancy agreement (section 85(2A)(b))


REASON FOR TERMINATION

Non Payment of Rent or Charges – Sections 88 and 89 of the Act  

Rent or Charges are is unpaid for not less than 14 days or more prior to this notice being served, the Tenant is thus in breach of the Tenancy Agreement.  If the Tenant pays all the Rent or Charges owing or enters into, and fully complies with, a repayment plan agreed with the Landlord then the Tenant is not required to vacate the Premises unless the Tribunal makes a termination order on the basis that the Tenant has frequently failed to pay rent on time*.

*Note: The Tribunal may, on application by a Landlord, make a termination order if it is satisfied that the Tenant has frequently failed to pay rent or Charges owing for the Premises on or before the day set out in the Tenancy Agreement. (Section 89(5) of the Act)

Termination Date: Not earlier than 14 days after the day which notice is served.

Note: The term ‘Charges’ above means water usage charges and/or utility charges.

 

13 Dec 2018 v2.0

Additions / Changes:

 

SERVICE OF NOTICE Note

Note: Where notice is served by post the service period will commence (74) business days after posting.

 

29 Aug 2017 v1.9

Additions / Changes:

 

NOTICE GIVEN BY LANDLORD / AGENT

Landlord:……………………………………………………………………………………………………………

Landlord’s Agent: ……………………………………………………………………………………………….……

Address:……………………………………………………………………………………………………………
ABN:……………… Phone: (…)………………… Fax: (…)………………… Mobile: ….………………

Email:        ………………………………..…………… Person Giving Notice: …………..……………………

 

SERVICE OF NOTICE

This notice is delivered to the Tenant by:        

__ Hand  __ Post __ Fax  __ Email  __ Other: ………………… Date Notice was Served: ……/……/……

 

14 Aug 2017 v1.8

Additions / Changes:


SERVICE OF NOTICE

This notice is delivered to the Tenant by:        

__ Hand  __ Post  __ Fax __ Email  __ Other: ……………… Date Notice was Served: …… / …… / ……

 

11 Jun 2015 v1.7

Copyright statement updated.

 

06 Jul 2012 v1.6

Additions / Changes:


REASON FOR TERMINATION

Non Payment of Rent – Sections 88 & 89 of the Act  

Rent is has remained unpaid for 14 days or more prior to this notice being served, and the Tenant is thus therefore in breach of the Tenancy Agreement. Provided however, If the Tenant pays all the Rent owing or enters into, and fully complies with, a repayment plan agreed with the Landlord then the Tenant is not required to vacate the Premises unless the Tribunal makes a termination order on the basis that the Tenant has frequently failed to pay rent on time*.

*Note: The Tribunal may, on application by a Landlord, make a termination order if it is satisfied that the Tenant has frequently failed to pay rent owing for the Premises on or before the day set out in the Tenancy Agreement. (Section 89(5) of the Act)

Termination Date: Not earlier than 14 days after the day which notice is served

 

06 Dec 2011 v1.5

Additions / Changes:


REASON FOR TERMINATION

End of Periodic Agreement – No Grounds - Section 85 of the Act

Termination Date: Not earlier than 90 days after the day on which notice is served.

 

17 Jun 2011 v1.4

Additions / Changes:


REASON FOR TERMINATION

Non Payment of Rent – Sections 88 & 89 of the Act  

Rent has remained unpaid for 14 days or more prior to this notice being served and the Tenant is therefore in breach of the Tenancy Agreement. Provided however, if the Tenant pays all the Rent owing or enters into, and fully complies with, a repayment plan agreed with the Landlord then the Tenant is not required to vacate the Premises*.

*Note: The Tribunal may, on application by a Landlord, make a termination order if it is satisfied that the Tenant has frequently failed to pay rent owing for the Premises on or before the day set out in the Tenancy Agreement. (Section 89(5) of the Act)

Termination Date: Not earlier than 14 days after the day which notice is served


SERVICE OF NOTICE

Note: If this notice is being served by post at least four (4) working days should be added to the amount of notice, to ensure that the required notice is taken from when the Tenant receives the notice by post.

Where notice is served by post the service period will commence (4) business days after posting.

 

31 Jan 2011 v1.3

Changes as per Residential Tenancies Act 2010

 

24 Aug 2007 v1.2

Additions / Changes:


Reformat & correction of grammar

 

10 Jun 2005 v1.1

Additions / Changes:


Item 2

Landlord Company Name ...................... ACN ...............................

Agent Company Name     ...................... ACN ...............................

 

07 Jan 2005 v1.1

Additions / Changes:


Item 1 Heading

TENNANT/S


Item 1

Name/s of Tennant/s to whom this notice is being served